Ravi Chaurasiya @ Ravi Kumar Chaurasia v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62225 of 2024 Arising Out of PS. Case No.-1121 Year-2023 Thana- GAYA MUFASIL District- Gaya ====================================================== Ravi Chaurasiya @ Ravi Kumar Chaurasia son of Late Kanhaiya Lal Chaurasiya Village- Panchmahalla Deochaura Ps- Vishnupad Dist- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. P.N. Sahi, Sr. Adv :
Mr. Manish Kumar, Adv For the State :
Mr. Sanjay Kumar Singh, APP For the Informant :
Mr. Surendra Singh, Adv :
Mr. Avinash Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 27-02-2025 Heard learned Senior counsel for the petitioner and learned A.P.P. for the State as well as learned counsel for the informant.
2. The petitioner apprehends his arrest in connection with Muffasil Case No. 1121 of 2023 registered for the offence punishable u/s 120(B), 420, 406, 467, 471 and 34 of the Indian Penal Code.
3. As per the prosecution, the informant alleges that he had a formal acquaintance with the petitioner who does construction work of flats and apartments. It is further alleged that the petitioner met the informant for selling four flats of Vishnu Sona Apartment, and under the influence of the petitioner, the informant decided to purchase four flats i.e. Flat
2/4 Nos. 109, 208, 209 and 410 for Rs. 1,27,20,000/- (one crore twenty-seven lakh and twenty thousand) and an agreement was accordingly prepared between them and a date for execution of sale deed was fixed on 21.05.2023. It has been transpired that one Ravindra Kumar Shrivastava is also a partner in the said project but he has not put his signature on the papers. On seeing the missing signature on the sale deed the informant protested, then, Ravi Chaurasia (petitioner) told him that Ravindra Kumar Shrivastava will sign on the sale deed in the Registry Office. It is further alleged that on 05.11.
2023 Ravi Chaurasia (petitioner) and Ravindra Kumar Shrivastava along with three unknown persons went to the office of the informant for completion of registry but Ravi Chaurasia (petitioner) and other accused persons started abusing and assaulting the informant. On being rescued by Rajdev Paswan (Staff of the informant's office), Ravindra Kumar caught hold of him and also assaulted him on the point of pistol and abused him by calling his caste name and told the informant that neither the flats would be registered nor any money would be returned.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is a long dispute between both the parties. It is
3/4 submitted that the petitioner is a Director of Vishnu Buildcon Private Limited. It is next submitted that the petitioner and the informant are well acquainted with each other, therefore, they constituted a private Construction Company namely, Garey Construction Pvt. Ltd. In which both the informant and the petitioner were Director. After sometimes, some dispute has arisen between both of them, thereafter, in the year 2020 the petitioner resigned from the post of Director of the Garey Construction Pvt. Ltd., thereafter, several litigations started between both the parties including criminal in nature or civil. As per the agreement dated 10.04.2023 executed between the petitioner and the informant shows that they have decided to run their business as per the terms and conditions mentioned in the said agreement.
5. Learned A.P.P. for the State as well as learned counsel for the informant have vehemently opposed the prayer for anticipatory bail of the petitioner.
6. On bare perusal of the FIR, it appears that the petitioner has already handed over the possession of Flat Nos. 109, 208, 209 and 410 to the informant and thereafter the informant kept his articles in the said flats. The main allegation levelled regarding execution of registered deed pertaining to the
4/4 said flats in this case which comes under the purview of civil dispute. Keeping in view of the aforesaid facts, this Court is inclined to enlarge the petitioner on anticipatory bail.
7. Let the above named petitioner, in the event of his arrest/surrender within a period of four weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Gaya, in connection with Muffasil Case No. 1121 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
8. The application stands allowed.
(S. B. Pd. Singh, J) Jyoti/- U T